Appeals court blocks Arizona's 20-week abortion ban

The Ninth Circuit U.S. Court of Appeals granted a preliminary injunction Wednesday blocking implementation of Arizona's new law that bans abortions after 20 weeks of pregnancy.

The law was to take effect today.

With the injunction in place, the restrictions in the Mother's Health and Safety Act cannot be enforced until the San Francisco-based appeals court hears the case, likely in late October or early November, and issues a ruling. A court decision could take weeks, if not months.

The law, which would make abortions illegal 20 weeks after a woman's last menstruation, is based on the concept of fetal pain. Arizona lawmakers this spring justified the abortion ban by citing evidence that they say proves fetuses feel pain at the 20th week after gestation.

The bill passed with strong Republican support, and Gov. Jan Brewer signed it into law, saying it "recognizes the precious life of the pre-born baby."

But the Center for Reproductive Rights and the American Civil Liberties Union sued on behalf of three abortion doctors in federal court, arguing the law is unconstitutional. The U.S. Supreme Court, they argued, has established that abortions are illegal at the point a fetus becomes viable. That is generally between the 22nd and 24th weeks of pregnancy, according to medical experts and abortion clinics.

The law includes some exceptions to the ban for medical emergencies, but critics said they are so narrowly defined that women could be put at risk of severe health problems because they are forced to carry problem pregnancies to term.

Supporters of the law, which was heavily promoted by the conservative Center for Arizona Policy, said it would protect women's health since there are increased medical risks from abortions during the second trimester.

The law was the focus of a flurry of legal activity as the deadline for implementation approached.

On Monday, U.S. District Court Judge James Teilborg upheld the law, triggering the request for a preliminary injunction.

Although seven other states have similar bans, the Arizona law is the first to reach an appeals court.

Maricopa County Attorney Bill Montgomery, who argued for the law in federal court last week, said the appeals court's tight deadlines for filing briefs and its decision to schedule the case for a hearing this fall signals that it understands the wide-reaching implications of the law.

"I look forward to the 'opportunity' to counter the misplaced arguments of the plaintiffs," Montgomery said in a prepared statement issued by his office. He was attending a conference and was unavailable for comment.

Nancy Northup, president and CEO of the Center for Reproductive Rights, hailed the decision, calling it a "vital reaffirmation" of constitutional protections for women's reproductive rights.

"We have fought to keep all medical options, including abortion, available to every woman facing devastating complications in her pregnancy, and today we have won a critical victory," Northup said in a prepared statement.